768
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Objects and Reasons.
1. The drafting of certain new Railway rules has shown the desirability of making certain alterations in the Rail- ways Ordinance, 1909, Ordinance No. 21 of 1909. This Ordinance proposes to make those alterations, and some others, but it is not a general revision of the principal Ordinance.
2.
nance
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Administration is defined in the principal Ordi- as "the manager or such other person as the Governor may appoint to conduct the affairs of any rail- way".
As this is a person it is considered that the word "administrator" is more suitable, especially as the word "administration is also used in the principal Ordinance as an abstract noun. This amendment is made by para- graph (a) of section 2, and by section 3, of this Ördi-
nance.
3. By paragraph (b) of section 2 of this Ordinance the definition of the term railway is extended to cover railways in process of construction and works connected with rail- ways authorized to be constructed.
4. The powers of the administrator are defined, collected and extended in the new section 32 of the principal Ordi- nance which is to be substituted by section 5 of this Ordi- nance. These powers will include a power to make rules subject to the approval of the Governor in Council. This will enable sections 29 and 34 of the principal Ordinance to be repealed. Section 29 is repealed by section 4 of this Ordinance, and section 34 is repealed by section 6 of this Ordinance. As the rules will be very detailed and voluminous, and will deal solely with railway administra- tion, it is not considered necessary that they should be gazetted. This is provided for by sub-section (3) of the new section 32. Sub-section (4) of that section provides that the administrator shall keep at each station a copy of the rules in English and Chinese and shall allow any such copy to be inspected at all reasonable hours.
5. Section 8 of this Ordinance recasts sub-section (2), (3) and (4) of section 35 of the principal Ordinance. It omits the reference to by-laws for the conduct of railway employees as that matter will now fall under the new section 32 (2). It provides for the procedure upon au appeal to the Governor against the imposition of a penalty by the manager. Sub-section (3) of section 35 of the principal Ordinance provides that the manager may not impose any penalty on any railway employee which would exceed the amount of seven days pay in any one month. This might be insufficient. The new form of the section will not contain this limitation, but it will provide that, for the purpose of the recovery of the penalty, not more than seven days pay may be deducted in any one month, except upon the termination of the person's employment. The old sub-section (5) becomes sub- section (6).
6. With one slight exception in section 12, the remain- ing sections of this Ordinance provide for increases of the penalties provided in the principal Ordinance. This seems to be too low in many cases. To take two examples at random, $100 seems too low a maximum for the offence of wilfully imitating a railway signal, and $20 seems too low a maximum for attempts to defraud the railway.
16th November, 1927.
J. H. KEMP,
Attorney General.
A